QUOTE (Incandescent @ Sun, 17 Jun 2018 - 22:39)
We do see some very late bailiff actions that arise from PCNs that are not responded to by the vehicle owner, too many, frankly !
The first thing to realise is that the car you had then is totally irrelevant now, other than the fact that you were the registered keeper at the time the council asked DVLA for the keeper details by quoting the registration number. Once they have this, they don't ask again. For an unpaid or unappealed parking PCN you would expect to receive: -
- original PCN
- Notice to Owner
- Charge Certificate
- Order for Recovery
before bailiff action can commence.
If the PCN was for a traffic violation like going in a bus lane, the PCN is sent by post and no Notice to Owner is issued.
What the bailiffs are now doing is engaged in collecting money off you to pay the debt to Harrow, and also make themselves a few sovs too, to keep themselves in business. So they have a warrant that allows them to seize your goods to sell and pay off the debt, unless you pay the sum in cash. The only way to turn things around now is to submit an Out-of-Time Statutory Declaration or a Witness Statement, (for a parking PCN). Whilst this is being processed bailiff action is suspended, but the council can oppose this, so most tend to be rejected. However, you do have the option to have this refusal reviewed by a County Court judge - £100 for a papers review, and £255 for an interview with the judge "in chambers".
It is very clear from what you say that you had failed to update the address on your V5 so end up in his situation. As the sum is so little, (we see amounts in the many hundreds on here sometimes), it might be prudent to just pay it and put it down to experience and also remember to keep your V5s up-to-date in future. However see what the others say.
*what an informative, comprehensive, polite and helpful response 'Incandescent' . many thanks... *
latest status:I have sent form TE9 (Witness Statement - Unpaid Penalty Charge (Parking)) to tec@hmcts.gsi.gov.uk ie County Court Business Centre
I also forwarded that form to JACOBS and gave them my new address too.
I believe that above is the Witness Statement you referred to in your message.
I hope no bailiff action will happen for now. i was given 23 june date in the notice of enforcement i attached in my post. i hope that date has no significance any more.
Am I right, even if my challenge is rejected, a new deadline will be given to me to pay or challenge??